Common use of Establishment of the Arbitral Tribunal Clause in Contracts

Establishment of the Arbitral Tribunal. 1. Unless the parties to the dispute agree otherwise, the arbitral tribunal shall be composed of three arbitrators. Each party to the dispute shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator who shall be the Chairman of the arbitral tribunal. 2. The arbitrators referred to in paragraph 1 above shall have experience in international law and investment matters. 3. If an arbitral tribunal has not been established within ninety days from the date on which the claim was submitted to arbitration, either because a disputing party failed to appoint an arbitrator or because the disputing parties failed to agree upon the Chairman, the President, the Vice-President or the next senior Judge of the International Court of Justice, who is not a national of either Contracting Party, upon request of either disputing party, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the President, the Vice-President or the next senior Judge of the International Court of Justice, when appointing the Chairman, shall ensure that he or she is a national of neither of the Contracting Parties.

Establishment of the Arbitral Tribunal. 1. Unless the parties to the dispute agree otherwise, the arbitral tribunal shall be composed of three arbitrators. Each party to the dispute shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator who shall be the Chairman of the arbitral tribunal. 2. The arbitrators referred to in paragraph 1 above shall have experience in international law and investment matters. 3. If an arbitral tribunal has not been established within ninety days from the date on which the claim was submitted to arbitration, either because a disputing party failed to appoint an arbitrator or because the disputing parties failed to agree upon the Chairman, the President, the Vice-Vice- President or the next senior Judge of the International Court of Justice, who is not a national of either Contracting Party, upon request of either disputing party, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the President, the Vice-Vice- President or the next senior Judge of the International Court of Justice, when appointing the Chairman, shall ensure that he or she is a national of neither of the Contracting Parties.